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1 http://wordpress.com/https://s0.wp.com/i/buttonw-com.pngEuropean Civil Justicehttps://europeanciviljustice.wordpress.com
New edition of reference book on Brussels I bis and Lugano IIhttps://europeanciviljustice.wordpress.com/2019/01/21/new-edition-of-reference-book-on-brussels-i-bis-and-lugano-ii/
https://europeanciviljustice.wordpress.com/2019/01/21/new-edition-of-reference-book-on-brussels-i-bis-and-lugano-ii/#respondMon, 21 Jan 2019 17:14:53 +0000http://europeanciviljustice.wordpress.com/?p=3312Continue reading →]]>A new edition of Professor Gaudemet-Tallon’s reference book on the Brussels and Lugano Regime (jurisdiction, recognition and enforcement of judgments in Europe) was published last month. Professor Marie-Elodie Ancel is now contributing to the book:

]]>https://europeanciviljustice.wordpress.com/2019/01/21/new-edition-of-reference-book-on-brussels-i-bis-and-lugano-ii/feed/0cqgq29Optional nature of Form IV in Annex 4 to the (Succession) Implementing Regulationhttps://europeanciviljustice.wordpress.com/2019/01/17/optional-nature-of-form-iv-in-annex-4-to-the-succession-implementing-regulation/
https://europeanciviljustice.wordpress.com/2019/01/17/optional-nature-of-form-iv-in-annex-4-to-the-succession-implementing-regulation/#respondThu, 17 Jan 2019 22:15:16 +0000http://europeanciviljustice.wordpress.com/?p=3310Continue reading →]]>The Court of Justice delivered today its judgment in case C‑102/18 (Klaus Manuel Maria Brisch) which is about the European Certificate of Succession:

“Article 65(2) of Regulation (EU) No 650/2012 […] and Article 1(4) of Commission Implementing Regulation (EU) No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation No 650/2012 [mean] that, for the purposes of an application for a European Certificate of Succession, within the meaning of Article 65(2) of Regulation No 650/2012, the use of Form IV in Annex 4 to Implementing Regulation No 1329/2014 is optional”.

]]>https://europeanciviljustice.wordpress.com/2019/01/17/optional-nature-of-form-iv-in-annex-4-to-the-succession-implementing-regulation/feed/0cqgq29Breach of the lis pendens rules in Brussels I and Brussels II bis and recognition of the decision of the court second seisedhttps://europeanciviljustice.wordpress.com/2019/01/17/breach-of-the-lis-pendens-rules-in-brussels-i-and-brussels-ii-bis-and-recognition-of-the-decision-of-the-court-second-seised/
https://europeanciviljustice.wordpress.com/2019/01/17/breach-of-the-lis-pendens-rules-in-brussels-i-and-brussels-ii-bis-and-recognition-of-the-decision-of-the-court-second-seised/#respondThu, 17 Jan 2019 22:12:44 +0000http://europeanciviljustice.wordpress.com/?p=3306Continue reading →]]>The Court of Justice delivered yesterday (16 January 2019) its judgment in case C‑386/17 (Stefano Liberato v Luminita Luisa Grigorescu), which is about the breach of the lis pendens rules in Brussels I and Brussels II bis and recognition of the decision of the court second seised:

“The rules of lis pendens in Article 27 of Council Regulation (EC) No 44/2001 […] and Article 19 of Council Regulation (EC) No 2201/2003 […] must be interpreted as meaning that where, in a dispute in matrimonial matters, parental responsibility or maintenance obligations, the court second seised, in breach of those rules, delivers a judgment which becomes final, those articles preclude the courts of the Member State in which the court first seised is situated from refusing to recognise that judgment solely for that reason. In particular, that breach cannot, in itself, justify non-recognition of a judgment on the ground that it is manifestly contrary to public policy in that Member State”.

]]>https://europeanciviljustice.wordpress.com/2019/01/17/breach-of-the-lis-pendens-rules-in-brussels-i-and-brussels-ii-bis-and-recognition-of-the-decision-of-the-court-second-seised/feed/0cqgq29Use of IT in the Hague Service and Evidence Conventionshttps://europeanciviljustice.wordpress.com/2019/01/15/use-of-it-in-the-hague-service-and-evidence-conventions/
https://europeanciviljustice.wordpress.com/2019/01/15/use-of-it-in-the-hague-service-and-evidence-conventions/#respondTue, 15 Jan 2019 22:11:31 +0000http://europeanciviljustice.wordpress.com/?p=3303Continue reading →]]>The Hague Conference has published a document on the Use of Information Technology in the Transmission of Requests under the Service and Evidence Conventions. You can read it here.
]]>https://europeanciviljustice.wordpress.com/2019/01/15/use-of-it-in-the-hague-service-and-evidence-conventions/feed/0cqgq29UK accedes to the Hague 2005 Choice of Court Convention and 2007 Maintenance Conventionhttps://europeanciviljustice.wordpress.com/2019/01/03/uk-accedes-to-the-hague-2005-choice-of-court-convention-and-2007-maintenance-convention/
https://europeanciviljustice.wordpress.com/2019/01/03/uk-accedes-to-the-hague-2005-choice-of-court-convention-and-2007-maintenance-convention/#respondThu, 03 Jan 2019 23:13:40 +0000http://europeanciviljustice.wordpress.com/?p=3301Continue reading →]]>According to the Dutch Ministry of Foreign Affairs, the depository, the UK acceded on 28 December 2018 to the 2005 Hague Convention on Choice of Court Agreements and to the 2007 Convention on the International Recovery of Child Support and other Forms of Family Maintenance (with entry into force on 1 April 2019)

]]>https://europeanciviljustice.wordpress.com/2019/01/03/uk-accedes-to-the-hague-2005-choice-of-court-convention-and-2007-maintenance-convention/feed/0cqgq29Japan opposes Articles 8 and 10(a) of the 1965 Hague Service Conventionhttps://europeanciviljustice.wordpress.com/2019/01/03/3296/
https://europeanciviljustice.wordpress.com/2019/01/03/3296/#respondThu, 03 Jan 2019 23:07:20 +0000http://europeanciviljustice.wordpress.com/?p=3296Continue reading →]]>Japan declared on 21 December 2018 that it opposes Article 8 and Article 10(a) of the 1965 Hague Convention on The Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

Reminder: Article 8 states that “Each Contracting State shall be free to effect service of judicial documents upon persons abroad, without application of any compulsion, directly through its diplomatic or consular agents. Any State may declare that it is opposed to such service within its territory, unless the document is to be served upon a national of the State in which the documents originate”.
Article 10 (a) states that “Provided the State of destination does not object, the present Convention shall not interfere with a) the freedom to send judicial documents, by postal channels, directly to persons abroad”.
Source: here

]]>https://europeanciviljustice.wordpress.com/2019/01/03/3296/feed/0cqgq29Hague Preliminary Documents on Evidence and Maintenancehttps://europeanciviljustice.wordpress.com/2018/12/17/hague-preliminary-documents-on-evidence-and-maintenance/
https://europeanciviljustice.wordpress.com/2018/12/17/hague-preliminary-documents-on-evidence-and-maintenance/#respondMon, 17 Dec 2018 21:49:14 +0000http://europeanciviljustice.wordpress.com/?p=3294Continue reading →]]>Several Preliminary Documents have been made available today in anticipation of the 2019 Hague Council on General Affairs and Policy. They are:

__ Preliminary Document No 8: Draft Guide to Good Practice on the Use of Video-Link under the Evidence Convention (provisional version). See here.

__ Preliminary Document No 10: Planning for Special Commission meeting on the 2007 Maintenance Convention (2020). See here.

__ Preliminary Document No 11: Research in advance of Experts’ Group on international transfer of maintenance funds. See here

]]>https://europeanciviljustice.wordpress.com/2018/12/17/hague-preliminary-documents-on-evidence-and-maintenance/feed/0cqgq29Forms of the property consequences of registered partnerships regulation now availablehttps://europeanciviljustice.wordpress.com/2018/12/17/forms-of-the-property-consequences-of-registered-partnerships-regulation-now-available/
https://europeanciviljustice.wordpress.com/2018/12/17/forms-of-the-property-consequences-of-registered-partnerships-regulation-now-available/#respondMon, 17 Dec 2018 21:45:14 +0000http://europeanciviljustice.wordpress.com/?p=3291Continue reading →]]>Commission Implementing Regulation (EU) 2018/1990 of 11 December 2018 establishing the forms referred to in Council Regulation (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships has been published today at the OJEU (L 320, 17.12.2018, p. 1). You can find the Regulation here.
]]>https://europeanciviljustice.wordpress.com/2018/12/17/forms-of-the-property-consequences-of-registered-partnerships-regulation-now-available/feed/0cqgq29Conclusions and Recommendations on Cross-border Protection of Vulnerable Adultshttps://europeanciviljustice.wordpress.com/2018/12/16/conclusions-and-recommendations-on-cross-border-protection-of-vulnerable-adults/
https://europeanciviljustice.wordpress.com/2018/12/16/conclusions-and-recommendations-on-cross-border-protection-of-vulnerable-adults/#respondSun, 16 Dec 2018 22:56:00 +0000http://europeanciviljustice.wordpress.com/?p=3286Continue reading →]]>“Approximately 130 experts from more than 35 States representing all continents gathered from 5 to 7 December 2018 in Brussels, Belgium, to discuss “Cross-border Protection of Vulnerable Adults” in a conference organised jointly by the European Commission and the HCCH.

[HCCH Convention of 13 January 2000 on the International Protection of Adults] The Conference also discussed the possible need for additional legal norms and / or co-operation mechanisms in this area, the need for post-Convention services and the development of good practices. More specifically, the conference discussed the possibility to abolish exequatur, the provision of more party autonomy, the use of consular affairs services, the benefits of direct judicial communications and the development of model forms and certificates as well as electronic registries.

The Conclusions and Recommendations that were adopted by consensus at the end of the joint conference are available here”.

]]>https://europeanciviljustice.wordpress.com/2018/12/16/conclusions-and-recommendations-on-cross-border-protection-of-vulnerable-adults/feed/0cqgq29Adoption of the Hague Judgments Convention in mid-2019https://europeanciviljustice.wordpress.com/2018/12/11/adoption-of-the-hague-judgments-convention-in-mid-2019/
https://europeanciviljustice.wordpress.com/2018/12/11/adoption-of-the-hague-judgments-convention-in-mid-2019/#respondTue, 11 Dec 2018 23:51:25 +0000http://europeanciviljustice.wordpress.com/?p=3282Continue reading →]]>A Diplomatic Conference has been convened from 18 June to 2 July 2019 in order to adopt the Draft Convention on the recognition and enforcement of foreign judgments in civil or commercial matters. A revised version of the Draft Explanatory Report, dated November 2018, has also been published (see here).
]]>https://europeanciviljustice.wordpress.com/2018/12/11/adoption-of-the-hague-judgments-convention-in-mid-2019/feed/0cqgq29